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2025 DAILYLAW 119949 (ALL)

WAZHUL IDRISI AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME AND ANOTHER

A482/751/2025 · 2025-01-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5797 Court No. - 12 Case :- APPLICATION U/S 482 No. - 751 of 2025 Applicant :- Wazhul Idrisi And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home And Another Counsel for Applicant :- Vishal Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Short counter affidavit filed on behalf of opposite party No.2 is taken on record. 2. Heard learned counsel for the applicants, learned AGA for the State and learned counsel for the private-opposite party. 3. Instant application has been preferred by the applicants with the following prayer:- "To quash the entire criminal proceedings of case no. 16167 of 2017 arising out of crime no. 88 of 2016 (State of U.P. V Wazhul Idrisi and Another) pending before Court of Learned ACJM-II, Lucknow arising out of Chargesheet no. 73 and 73-A of 2016 filed in pursuance to the F.I.R. no. 88 of 2016 under sections 392, 411 of IPC, Police Station- Aliganj, District- Lucknow as well as chargesheet mentioned above on the basis of compromise." 4. Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 4 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. 6. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within four week's from today. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicants to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the counsel for the applicants, after retaining its photocopy on record. It is for the purposes for its verification by the concerned Court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 28.1.2025 G. Singh/ Anand Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench